PART III.-RECOUPMENT 26. OF LOSSES INCURRED BY [This section which provided for the recoupment of losses incurred by a county council or council of a county borough down to the 31st March, 1926, was repealed by the Act of 1926, its operation having come to an end.] 27. [This section provided for the recoupment to councils of counties of capital losses incurred in the acquisition of land for small holdings down to 1st April, 1926. The method of recoupment was altered by the provisions of the Land Settlement (Facilities) Amendment Act, 1925 (15 & 16 Geo. 5, c. 85), which were substituted for the provisions of this section. The amounts payable have, it is believed, been now settled between the Ministry of Agriculture and Fisheries and all county councils, and it is thought, therefore, to be unnecessary to set out the Act of 1925, the object of which has been fulfilled.] §§ 26-28. to commons c. 122. 28. (1.) Any land which is, or forms part of, a metro- Provisions as politan common within the meaning of the Metropolitan and open Commons Act, 1866,1 or which is subject to regulation spaces. under an order or scheme made in pursuance of the Inclosure Acts, 1845 to 1899, or under any local Act or 29 & 30 Vict. otherwise, or which is or forms part of any town or village green, or of any area dedicated or appropriated as a public park, garden, or pleasure ground, or for use for the purposes of public recreation, shall not be appropriated under this Act by a council for small holdings or allotments, and shall not be acquired by a council or by the Board of Agriculture and Fisheries under the principal Act except under the authority of an order for com c. 56. § 28. pulsory purchase made under the principal Act, which so far as it relates to such land shall be provisional only, and shall not have effect unless it is confirmed by Parliament.2 (2.) The Board of Agriculture and Fisheries, in giving or withholding their consent under this Act to the appropriation and in confirming an order for compulsory acquisition by a council for the purpose of small holdings or allotments of any land which forms part of any common, and in the exercise by the Board of their powers of acquiring land under this Act, shall have regard to the same considerations and shall hold the same inquiries as 39 & 40 Vict. are directed by the Commons Act, 1876, to be taken into consideration and held by the Board before forming an opinion whether an application under the Inclosure Acts shall be acceded to or not. Any consent by the Board of Agriculture and Fisheries for the appropriation of land forming part of any common for the purpose of small holdings or allotments shall be laid before Parliament while Parliament is sitting, and, if within twenty-one days in either House of Parliament a motion is carried dissenting from such appropriation, the order of the Board shall be cancelled.3 (3.) Where an order for compulsory purchase to which this section applies or a consent by the Board to the appropriation of land provides for giving other land in exchange for the common or open space to be purchased or appropriated, the order for compulsory purchase or an order made by the Board in relation to the consent for appropriation may vest the land given in exchange in the persons in whom the common or open space purchased or appropriated was vested subject to the same rights, trusts, and incidents as attached to the common or open space and discharges the land purchased or appropriated from all rights, trusts, and incidents to which it was previously subject. (4.) Nothing in the principal Act shall be deemed to authorise the acquisition of any land which forms part of the trust property to which the National Trust Act, §§ 28, 29. 1907, applies. 7 Edw. 7, c. cxxxvi. (1) The Metropolitan Commons Act, 1866, by sect. 3, defines Local and "Commons as meaning "land subject at the passing of this Private. Act to any right of common," and the Act applies to any common within the Metropolitan Police District as defined at the passing of the Act. (2) This sub-section deals with land forming part of a metropolitan common, or a common subject to regulation under an order or scheme under the Inclosure Acts, 1845 to 1899, or under any local Act, or forming part of a town or village green, or dedicated or appropriated as a public park, garden, or pleasureground, or for use for purposes of recreation. In any case covered by this sub-section confirmation of the order of compulsory purchase by Parliament is required. (3) This sub-section makes it necessary that the consent of the Minister of Agriculture and Fisheries to an appropriation or compulsory acquisition of any common land for small holdings or allotments shall only be given subject to inquiries as directed by the Commons Act, 1876, as to whether the application will be for the benefit of the neighbourhood. When a council proposes to appropriate common land (not coming within sub-sect. 1 of this section) for small holdings or allotments the consent of the Minister of Agriculture must be laid before Parliament, and may be cancelled by either House within twenty-one days by the carrying of a motion of dissent. It is probable that in most cases of common land vested in councils the land is appropriated as a public park or recreation ground, or other of the purposes mentioned in the preceding sub-section, and cannot be diverted for use for small holdings or allotments, except by compliance with that sub-section. 29. The powers conferred upon a tenant for life by the Settled Land Acts, 1882 to 1890, shall include the following further power: A power at any time, or times, to make a grant or grants of any part or parts of the settled land in fee simple or absolutely, or a lease or leases for any term of years without any consideration, or at a nominal price, annuity or rent, or at less than the Amendment of Settled 1882 to 1890. §§ 29, 30. 9 & 10 Geo. 5, c. 35. Provisions as under the Realm Regu lations. c. 63. best price, annuity or rent that can reasonably be obtained for the purpose of the Small Holdings and Allotments Acts, 1908 to 1919, and any such grant as aforesaid shall be deemed to be a sale within. the meaning of the said Settled Land Acts: Provided that, except under an order of the court, no more than two acres in the case of land situate in an urban district or ten acres in the case of land situate in a rural district in any one parish shall be granted or leased under this power for the purpose of the said Small Holdings and Allotments Acts or under the similar power conferred by the Housing, Town Planning, &c. Act, 1919, for the purpose of the erection of dwellings for the working classes or the provision of gardens to be held in connection therewith or for all of such purposes together without payment of the full-price annuity or rent for any land granted or leased in excess of such quantity.1 (1) The leasing powers of a tenant for life are now contained in sects. 41, 42 and 43 of the Settled Land Act, 1925. Sect. 57 of that Act contains special provisions for cases of sale, exchange or leasing of settled land for the erection of small dwellings or for the purposes of small holdings to a county council, which are to the same effect as the powers conferred by this section. 30.—(1.) For removing doubts it is hereby declared to land taken that section one of the Defence of the Realm (Acquisition Defence of the of Land) Act, 1916, applies to land of which possession has been taken by the Board of Agriculture and Fisheries 6 & 7 Geo. 5, under the powers conferred by Regulations 2L and 2M of the Defence of the Realm Regulations, and that the Board are entitled whilst in possession by themselves or by any person deriving title under them of the land, after the termination of the present war, to exercise in relation thereto any of the powers conferred by those regulations for such term and subject to such conditions. as are mentioned in the said Act.1 (2.) Where at the termination of the present war a local authority is exercising powers under the said Regulation 2L in respect of land of which the local authority is owner or occupier, the local authority may continue to exercise those powers in relation to that land until the expiration of two years from the termination of the present war, and the provisions of sub-section (6) of the said regulation shall apply accordingly. (1) Sect. 1 of the Defence of the Realm (Acquisition of Land) Act, 1916, provided that where during the war possession had been taken of any land by or on behalf of any Government department for purposes connected with the war in purported exercise of any prerogative right of the Crown or of any powers conferred by any enactment relating to the defence of the realm or otherwise, the Government department in possession might, after the termination of the war, continue in possession of the land for such period not exceeding two years from such termination as the occupying department might consider necessary or expedient, and, if on application made to the Railway and Canal Commission not less than six months before the expiration of such two years the Commission consented thereto, for such further period not exceeding three years from the expiration of such two years as the Commission might consider necessary or expedient in the national interest. This provision was by this section made applicable, notwithstanding any doubts as to its applicability, to land of which possession had been taken by the Ministry of Agriculture and Fisheries under the powers of Regulations 2L and 2M of the Defence of the Realm Regulation. $$ 30, 31. 31. The expenses of the Board of Agriculture and Expenses. Fisheries under this Act to such extent as may be sanctioned by the Treasury shall, except so far as is otherwise expressly provided, if incurred for the purposes of Part I. of this Act, be defrayed out of moneys provided by Parliament, and if incurred for the purposes of any other Part of the Act be defrayed out of the Small Holdings Account. |